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K1 Visa - Historical Caution

K1 Visa - Historical Caution

Old Oct 24th 2017, 10:57 am
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Default K1 Visa - Historical Caution

Hello, I am applying for a K1 Visa. I received my police certificate, which stated "no live trace".

I have applied for subject access request, and it stated when I was 11, I was given a police caution for arson. This was 16 years ago, and I was unaware I was cautioned. From what I remember, the police interviewed me because there was a fire underneath in the flat. The neighbors were trouble and blamed me for the fire, and I had the interview. Nothing else happened after that.

Will this affect my chances of being approved for the K1 Visa? And what steps should I take to prevent this being a reason for rejection?

Many thanks.
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Old Oct 24th 2017, 1:10 pm
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Default Re: K1 Visa - Historical Caution

You'll need to obtain all the documents regarding the caution, and hope for the best with respect to a waiver of inadmissibility - the petty offense exception does not apply in your case as the maximum sentence for arson is more than one year.

Last edited by civilservant; Oct 24th 2017 at 1:19 pm.
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Old Oct 24th 2017, 1:14 pm
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Default Re: K1 Visa - Historical Caution

Thank you, and how would I obtain these documents?
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Old Oct 24th 2017, 1:19 pm
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Default Re: K1 Visa - Historical Caution

Start at your local Police Station. You should be fine as you were under 18 at the time.

Last edited by civilservant; Oct 24th 2017 at 1:21 pm.
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Old Oct 24th 2017, 1:24 pm
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Default Re: K1 Visa - Historical Caution

I found this:

"Juvenile Crimes Involving Moral Turpitude. Broadly speaking, there is no CIMT restriction on someone whose only crime was a CIMT committed while the perpetrator was under the age of 18 and if the crime was committed more than 5 years prior to the date that the alien applies to enter the USA or apply for a visa. If the perpetrator was imprisoned, s/he must have been released more than 5 years prior to the application for admission to the USA or application for a visa."

Does this mean as I was only 11 at the time, and was 16 years ago, that this would not be grounds of inadmissibility?
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Old Oct 24th 2017, 2:03 pm
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Default Re: K1 Visa - Historical Caution

Either way, you’re still need to provide documentation.
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Old Oct 24th 2017, 2:10 pm
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Default Re: K1 Visa - Historical Caution

Thank you. Yes I am aware of that now, just wondering if this affects if I get accepted or not, and if I need a waiver or not. And if so, is this waiver likely to be granted.

Will the ACRO subject access be enough evidence? Thanks so much for your help.

Last edited by MKKnight; Oct 24th 2017 at 2:12 pm.
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Old Oct 24th 2017, 4:48 pm
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Default Re: K1 Visa - Historical Caution

No the SAR will most likely not be enough - be armed with the records from the Police station (if any) or a letter from them indicating they are not available or no longer exist if not.
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Old Oct 24th 2017, 5:29 pm
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Default Re: K1 Visa - Historical Caution

Ok, many thanks.

& how does it work if I do need a waiver? How do I apply and how long extra would the wait be?
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Old Oct 24th 2017, 6:27 pm
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Default Re: K1 Visa - Historical Caution

I believe the IO has to recommend/say your eligible for a waiver, and then will provide details on how to go down that route.
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Old Oct 24th 2017, 6:30 pm
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Default Re: K1 Visa - Historical Caution

Thank you. Is it possible I won't even need a waiver as it is so long ago, and was just a police caution? I wasn't convicted. Didn't go to court. No fine. Just a "don't do it again".
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Old Oct 24th 2017, 6:32 pm
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Default Re: K1 Visa - Historical Caution

I honestly couldn't answer that. You'll find out when you go for the interview.

Someone with more experience may chime in and say I'm wrong but I would assume it's a wait and see kind of thing.
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Old Oct 24th 2017, 9:19 pm
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Default Re: K1 Visa - Historical Caution

Thanks so much.
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Old Oct 24th 2017, 10:11 pm
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Default Re: K1 Visa - Historical Caution

I believe the waiver form can be downloaded here: https://www.uscis.gov/i-601

You could potentially fill it in now and have it with you just in case the consular officer says that a waiver is required. That way, you could submit it there and then rather than having to mail it later, thus shaving off a few days from what I hear is quite a lengthy review process.

That being said, if you see my recent thread on applying for an IR-1 with a questionable/potential CIMT you can see some of the steps I took and additional documentation I brought with me - see in particular Sentencing Council guidelines which were in force *at the time of the incident*, not necessarily the present ones. In the end I needed none of the stacks of paper I brought with me, the consular officer just didn't care - and given what I see about your case I think it would be similar, though obviously I cannot say for certain. Best to bring everything possible in terms of paperwork for your own peace of mind, and then (hopefully) be relieved / annoyed with yourself when none of it is required.
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Old Oct 24th 2017, 10:12 pm
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Default Re: K1 Visa - Historical Caution

Thank you very much for your informative answer. Much appreciated and very helpful!
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